Child Custody

At the moment Magistrate Courts and Supreme Courts, are in a shambles as far as the adjudication of child custody cases are concerned, but for different reasons.  In the Supreme Court there is a critical shortage of Family Advocates, i.e. social workers, who adjudicate on child custody cases. There are apparently nine Family Advocate posts that have not been filled resulting in a complete over-flow of work for the three or four remaining Family Advocates in the province. These Family Advocates do not only have to consult with parents every day but also have to compile reports regarding what is in the best interest of the child. The result being that custody cases in the Supreme Court are taking longer and longer to finalise.

Ivan has recently seen a flood of custody cases being heard in the Children’s Court, which part of the Magistrate’s Court.  A new Children’s Act came into being recently and parents are using the Children’s Court, rather than the Supreme Court to hear child custody cases. However, the Children’s Court has its downfall in that Ivan is not even sure that the Children’s Court has jurisdiction to hear child custody cases. A further downside in matters being enrolled in the Children’s Court for hearing, is that often Magistrate’s are totally inexperienced as to what is in the best interests of children and social workers are inexperienced and unskilled to deal with the placement of children.

It is the “luck of the draw” says Ivan, there are some very good Magistrates in some areas who understand Children’s Law and there are some inexperienced Magistrates in other divisions. There is no doubt that the Magistrate’s Court gives the average Mr. Public greater access to the courts than the Supreme Court which is very expensive, but as things stand the Children’s Court is a hazardous way to go, which only, with education and sound structures will change.

The situation is very far from perfect.  What Ivan advocates is a special Family Court presided over by Magistrate’s, Judges and experts skilled in Family Law such as social workers. He is in the process of writing to the Law Commission with this recommendation.